- (1.) Food Corporation of India has filed the instant Letters Patent Appeal challenging the order dated 14.09.2011 passed by the learned Single Judge, whereby the writ petition (C.W.P. No.23378 of 2010) filed by the appellant for quashing the order dated 29.04.1993 (Annexure P2) passed by the Assistant Provident Fund Commissioner (hereinafter referred to as 'the Commissioner') under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') as well as the order dated 19.05.2010 (Annexure P4) whereby the appeal arising out of the said order has been dismissed by the Appellate Authority, has been dismissed.
(2.) We have heard the learned counsel for the parties and gone through the impugned order as well as the order dated 29.04.1993 passed by the Prescribed Authority and order dated 19.05.2010 passed by the Appellate Authority.
(3.) In this case, the dispute is pertaining to the period from December, 1980 to December, 1990. The Commissioner initiated the proceedings under Section 7A of the Act for determining the amount of provident fund due from the appellant under the Act for the above period, on the ground that the contractor did not deposit the amount of provident fund. Notices of those proceedings were issued to the appellant. Admittedly, none of the contractor was made a party. However, it was stated in the notices that one Madan Lal, a contractor, though had regularly paid the amount from January, 1991 to June, 1995, yet he did not make any payment for the period from December, 1980 to December, 1990. Therefore, the appellant-Corporation being the principal employer is liable to pay the amount.;